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RIGHTS OF LIGHT ACT (NORTHERN IRELAND) 1961 - SECT 2

Effect of registration of notice.

2.(1) Where, in pursuance of an application made in accordance with section
one, a notice is registered thereunder, then, for the purpose of determining
whether any person is entitled (by virtue of the Prescription Act, 1832, or
otherwise) to a right to the access of light to the dominant building across
the servient land, the access of light to that building shall be treated as
obstructed to the same extent, and with the like consequences, as if an opaque
structure, of unlimited height

(a)had, on the date of registration of the notice, been erected in the
position on the servient land specified in the application and had been so
erected by the person who made the application; and

(b)had remained in that position during the period for which the notice has
effect and had been removed at the end of that period.

(2) For the purposes of this section a notice registered under section one
shall be taken to have effect until

(a)the registration is cancelled; or

(b)the expiration of the period of one year beginning with the date of
registration of the notice;

(3) Subject to the following provisions of this section, any person who, if
such a structure as is mentioned in sub-section (1) had been erected as
therein mentioned would have had a right of action in any court in respect of
that structure, on the grounds that he was entitled to a right to the access
of light to the dominant building across the servient land and that the said
right was infringed by that structure, shall have the like right of action in
that court in respect of the registration of a notice under section one, but
an action shall not be begun by virtue of this sub-section after the notice in
question has ceased to have effect.

(4) Where, at any time during the period for which a notice registered under
section one has effect, the circumstances are such that, if the access of
light to the dominant building had been enjoyed continuously from a date one
year earlier than the date on which enjoyment thereof in fact began, a person
would have had a right of action in any court by virtue of sub-section (3) in
respect of the registration of the notice, that person shall have the like
right of action in that court by virtue of this sub-section in respect of the
registration of the notice.

(5) The remedies available to the plaintiff in an action brought by virtue of
sub-section (3) or sub-section (4) (apart from any order as to costs) shall be
such declaration as the court may consider appropriate in the circumstances
and an order directing the registration of the notice to be cancelled or
varied, as the court may determine.

(6) For the purposes of section four of the Prescription Act, 1832 (under
which nothing constitutes an interruption of the enjoyment of any right to
which that Act applies unless submitted to or acquiesced in for one year after
notice thereof)

(a)as from the date of registration of a notice under section one, all persons
interested in the dominant building or any part thereof shall be deemed to
have notice of the registration thereof and of the person on whose application
it was registered;

(b)until such time as an action is brought by virtue of sub-section (3) or
sub-section (4) in respect of the registration of a notice under section one,
all persons interested in the dominant building shall be deemed to acquiesce
in the obstruction which in accordance with sub-section (1), is to be treated
as resulting from the registration of the notice;

(c)as from the date on which such an action is brought, no person shall be
treated as submitting to or acquiescing in that obstruction;

S.3 rep. by SLR 1976

© 1961 Crown Copyright

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